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 Post subject: operators license
PostPosted: Sun Feb 24, 2008 3:52 pm 
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Here is one that was being talked about this morning. If a person, who is an owner driver has his car plated as private hire and he has a private hire drivers badge does he need an operators license if he is just accepting work from one company?

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 Post subject: Re: operators license
PostPosted: Sun Feb 24, 2008 3:59 pm 
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grandad wrote:
Here is one that was being talked about this morning. If a person, who is an owner driver has his car plated as private hire and he has a private hire drivers badge does he need an operators license if he is just accepting work from one company?


A private hire operators license is only required if you intend to take private bookings for the purpose of running a business for hire or reward.

If an owner driver does not take bookings and instead works for an operator that does, then he himself does not need an operators license.

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JD

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 Post subject:
PostPosted: Sun Feb 24, 2008 5:19 pm 
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I take it the operator who provides the work needs a license then? What if he doesn't have one? who is breaking the law?

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 Post subject:
PostPosted: Sun Feb 24, 2008 5:49 pm 
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grandad wrote:
I take it the operator who provides the work needs a license then? What if he doesn't have one? who is breaking the law?


The operator.

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JD

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 Post subject: Re: operators license
PostPosted: Sun Feb 24, 2008 9:40 pm 
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grandad wrote:
Here is one that was being talked about this morning. If a person, who is an owner driver has his car plated as private hire and he has a private hire drivers badge does he need an operators license if he is just accepting work from one company?

The only person allowed to give/pass work to a licensed PH driver is a licensed PH operator from the same manor.

So the answer is no if the one company happens to be a licensed PH operator from the same manor. :wink:

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 Post subject:
PostPosted: Sun Feb 24, 2008 9:46 pm 
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JD wrote:
grandad wrote:
I take it the operator who provides the work needs a license then? What if he doesn't have one? who is breaking the law?

The operator.

And the driver, although his crime would be mitigated if brought before a nice bench.

In fact this happened in the Birmingham patient transport hearing, and the driver got an Absolute Discharge.

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 Post subject:
PostPosted: Sun Feb 24, 2008 10:36 pm 
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There is ample case law on TDO regarding illegal operation of private hire vehicles, off the top of my head Bromsgrove immediately springs to mind and also stafford.

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JD

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 Post subject:
PostPosted: Mon Feb 25, 2008 1:31 pm 
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Location: Crawley
Also Ditta & Choudry and Shanks v North Tyneside

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